JAKARTA — Indonesia has officially entered a new era of national law enforcement following the effective implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) on January 2, 2026.
The enactment of these two regulations marks the end of the use of colonial-era criminal law that had been in force for more than a century, while at the same time laying a new foundation for a more modern and just criminal justice system.
The new Criminal Code, as stipulated in Law Number 1 of 2023, officially replaces the Dutch colonial Wetboek van Strafrecht after a three-year transition period.
Meanwhile, the new Criminal Procedure Code, regulated under Law Number 20 of 2025, is designed to ensure that procedural law mechanisms operate in line with the spirit of reform embodied in the National Criminal Code.
Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra emphasized that the entry into force of both laws constitutes a major milestone in national criminal law reform.
“This momentum simultaneously opens a new chapter in national law enforcement that is more modern, humane, just, and rooted in the values of Pancasila and the cultural traditions of the Indonesian nation,” Yusril said when contacted in Jakarta on Friday.
Yusril explained that the new Criminal Procedure Code replaces the old KUHAP, a product of the New Order era that was considered no longer fully reflective of the development of human rights principles following the amendments to the 1945 Constitution.
The reform, he added, is also part of a long process of criminal law reform that has been ongoing since the Reform era of 1998.
According to Yusril, the National Criminal Code introduces fundamental changes by shifting the approach to punishment from retributive to restorative and corrective.
“The new Criminal Code maintains a balance between the protection of freedom of expression and the interests of society, while ensuring that punishment is imposed proportionally,” he said.
This approach is reflected in the strengthening of alternative sanctions such as community service, rehabilitation, and mediation.
Meanwhile, Minister of Law Supratman Andi Agtas stressed that the drafting of the Criminal Code and Criminal Procedure Code was carried out carefully with broad public participation.
“The involvement of the public in the drafting of the Criminal Code and Criminal Procedure Code was extensive and meaningful,” Supratman said.
Researcher at Indikator Politik Indonesia, Bawono Kumoro, assessed that concerns over the criminalization of criticism are unfounded.
“The government provides guarantees that public criticism will not lead to criminal prosecution,” Bawono stated.
According to him, the new Criminal Code in fact strengthens democracy through more limited and proportional regulation of complaint-based offenses. (*)